Estates

No. Most Western countries have probate codes that distribute property equally among children if there is no will and no surviving spouse. There are some less developed legal systems in other countries that may still favor the eldest son. You need to check the laws in your particular country or jurisdiction.

In the United States all issue of a decedent would be his heirs-at-law and next-of-kin, not just the eldest. That would include the children of any child who predeceased the decedent. You can check the intestacy laws of your state at the related question link below. Each state has laws that determine next-of-kin.

As long as there was no divorce an "estranged" wife would be the surviving spouse. The surviving spouse has the right to all the decedent's property in some states, and the right to a portion in others. You can check your state laws of intestacy at the related question link provided below.

Through marriage, man-made patriarchal religious doctrines, forbidding the education of daughters, male centered laws, superior strength, subordinating women in order to take control of their property, domestic abuse, etc.

A will is simply a legal instruction about the disposition of an estate. A testament is a final statement, which may be philosophical rather than legal in nature. It is my last wish that my two sons, Larry and Harry, will finally stop fighting with each other and will accept each other as brothers and friends in a dangerous world. A house divided against itself will not stand. Do not weep for me, my life was a long and a productive one, and I am going to a better place. Farewell.

A "separated wife" is still married. An attorney-in-fact cannot make changes to a will. An attorney-in-fact should not make changes in beneficiaries of insurance policies unless done at the express request of the principal. Otherwise those changes will be vulnerable to challenges in court. A surviving spouse cannot be disinherited in most jurisdictions. They would be entitled to a statutory share of the estate even if disinherited in the will.

A gift of real property by will is called a devise.

To establish conservatorship, you generally need to file a petition with the court outlining the reasons why it is necessary for someone to be appointed as a conservator for an individual who is unable to care for themselves or manage their affairs. The court will then hold a hearing to determine if conservatorship is appropriate based on the evidence provided. If the court agrees, it will issue an order appointing a conservator.

Your brother's wife is not an heir to your sister's property unless she is named in a will. Your brother might be such an heir if there is no will or if a will does not explicitly exclude him. If your brother dies after your sister died, then his estate would be an heir to her property and his widow, as heir to part of his estate, might receive an interest in your sister's property.

Consult an Attorney who specializes in wills and estates. The laws of each state can be different enough that the real answer could be different depending on which state your sister was a resident of when she died.

When someone writes a will, there may be several copies left with various people, but there has to be at least one copy left with the named executor of the will. The executor is someone trusted by the relative in question, and it is usually a fairly logical and obvious choice, so figure out who would have been chosen and ask that person if he or she is in possession of a will. Sometimes, however, the estate is not that well organized and the will was not given to anyone, and was just left in the papers of the deceased, which someone may have to examine. And of course, there are also people who never bothered to write a will, so there is no guarantee that you will ever find one.

In most cases, stepchildren would not inherit from a step-parent's estate if there is no will specifying them as beneficiaries. Without a will, the laws of intestacy in the state where the deceased lived would typically determine who inherits the estate, with priority generally given to legal relatives such as children, spouses, or parents. Stepchildren are not considered legal heirs unless specifically named in a will.

No. In Kentucky all that's required is that the will be signed in front of two witnesses who must also sign the will. When the will is filed for probate the court will need to contact the witnesses for verification.

It is much more efficient to have the will signed before a notary with a self-proving affidavit. The testator and the witnesses sign the affidavit and the will before the notary. At the time of death of the testator, the court will approve a will with a self proving affidavit with no further action necessary.

Wills and trusts act indepently of each other. Whatever property is in the trust will pass according to the terms of the trust. The will only controls those items of property which were individually owned by the decedent at the time of their death. Trust property would not be included in the estate.

The Probate Code for Venezuela was not found online. You can do an online search for probate attorneys who practice in Venezuela and look for contact information. They may be able to provide information but you will need to focus in on what you want to know. Your inquiry is too broad.

"Heirship" refers to the status or position of being an heir, meaning someone entitled to inherit property, title, or rights from a deceased person. It is the state of being the designated recipient of assets or responsibilities upon the death of the current holder.

In general, a handwritten letter is not considered a legally binding contract in court unless specific legal requirements are met. Having a neutral witness can add credibility to the contents of the letter and the signature authenticity but does not automatically make it legally binding. For a document to be legally binding, it typically needs to meet specific legal criteria such as offer, acceptance, and consideration.

The trust property is not part of the estate unless the trust is found to be invalid and the testator was also the trustor.

The will provides for the distribution of property owned by the testator at the time of death. More specific details may be added on the discussion page.

A trustee can typically be removed through a process outlined in the trust document or by a court order. This often involves showing a breach of fiduciary duty or misconduct on the part of the trustee. Beneficiaries or interested parties may need to petition the court for the trustee's removal.

Generally only legally adopted children become heirs-at-law. Since you use the term "step-grandchildren" I assume they were not legally adopted by their step-parent and would not be heirs-at-law of the step-parent's parents. You can check the laws of intestacy for your state at the related question link provided below.

In most cases, the person overseeing a trust does not need to inform a minor beneficiary about the trust until they reach the age specified in the trust document to receive the funds. However, laws may vary by jurisdiction, so it's advisable to consult with a legal professional for guidance.

You can obtain a copy of a decedent's will by contacting the probate court in the county where the individual lived. Wills are usually filed with the court after someone passes away. You may need to show proof of relationship or interest in the estate to access the will.

Absolutely not. And take note, no one is an executor until they have been appointed by a court. The will must be filed in probate and the court will appoint the executor. Once appointed the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the probate court. Any executor who fails to perform their duties according to the will and the law can be sanctioned by the court.

Yes, a revocable yet perpetual license can exist if the licensor reserves the right to revoke the license at any time but grants permission for the licensee to use the licensed property indefinitely. Despite being revocable, the licensee can continue to use the property for as long as the licensor does not choose to revoke it.

Being a direct heir means that you are directly descended from someone who has passed away, and are entitled to inherit their property or assets. This typically includes children, grandchildren, and other close relatives.

Yes, it is possible for an executor of a will to also be named as an heir in the will. However, it is important for the executor to fulfill their duties impartially and in the best interest of the estate and other beneficiaries to avoid any conflicts of interest.

The parol evidence rule is used to prevent parties from presenting evidence of prior or contemporaneous agreements that contradict or vary the terms of a written contract. Its purpose is to promote the finality and integrity of written contracts by ensuring that the terms contained within the written document are considered the complete and final expression of the parties' agreement.